Model Rules of Professional Conduct, Rule 3.3(a)(2)¶
American Bar Association. (2020). Model Rules of Professional Conduct, Rule 3.3(a)(2): Candor Toward the Tribunal.
Cited by¶
2 citations across 2 artifacts.
Each citation links to the sentence it supports in the citing article.
Domain-specific¶
- Cherry Picking
- Reasoning and argumentation — the named fallacy in informal logic and critical-thinking pedagogy ("incomplete evidence," "suppressed evidence"). Scientific communication and meta-research — selective outcome reporting in clinical trials and the popular framing of publication bias, constrained structurally by pre-registration and systematic review. Journalism and political rhetoric — citing supporting anecdotes, statistics, or expert quotes while omitting countervailing ones to manufacture a one-sided impression. Marketing claims — "9 out of 10 dentists" subgroup framings and selectively quoted reviews, displaying a favorable slice of an available population. Legal argumentation — hostile selective use of precedent or expert testimony, against which rules of professional conduct require a lawyer to disclose directly adverse controlling authority.
This sourceABA Model Rule of Professional Conduct 3.3(a)(2), under which a lawyer must not knowingly fail to disclose to the tribunal legal authority in the controlling jurisdiction directly adverse to the client's position and not disclosed by opposing counsel - a duty owed as to controlling authority, and not the instrument that governs selective use of expert testimony.
- Reasoning and argumentation — the named fallacy in informal logic and critical-thinking pedagogy ("incomplete evidence," "suppressed evidence"). Scientific communication and meta-research — selective outcome reporting in clinical trials and the popular framing of publication bias, constrained structurally by pre-registration and systematic review. Journalism and political rhetoric — citing supporting anecdotes, statistics, or expert quotes while omitting countervailing ones to manufacture a one-sided impression. Marketing claims — "9 out of 10 dentists" subgroup framings and selectively quoted reviews, displaying a favorable slice of an available population. Legal argumentation — hostile selective use of precedent or expert testimony, against which rules of professional conduct require a lawyer to disclose directly adverse controlling authority.
Mechanisms¶
- Adverse-Precedent Search Protocol
- In fields with a professional duty of candor
This sourceRequires advocates to disclose known, directly adverse controlling authority not already disclosed by opposing counsel.
- In fields with a professional duty of candor
Verification¶
This reference passed the adversarial substantiation pipeline: it was checked to exist and to support the claim it is attached to. See how references were verified.
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